Environmental Management — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration FEB 2 9 2011 1200 New Jersey Ave, SE Washington, D.C. 20590 Ms. Misha Gonzales Shipping and Receiving Environmental Management P.O. Box 700 Guthrie, OK 73044 Ref. No. 11-0054 Dear Ms. Gonzales: This responds to your February 25, 2011 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask us to clarify the packaging specifications pertaining to certain waste materials that are toxic by inhalation in Hazard Class 6.1, Packing Group 1. You indicate that you do not wish to take advantage of the exceptions provided in § 173.12(b). Your questions are paraphrased and answered as follows: Q1. May we pack four 32-ounce containers ofUN1809, Phosphorus trichloride, 6.1 (8), PG I, Hazard Zone B, in one outer container? AI. The answer to your question is yes, as long as the combination packagings comply with the specifications of § 173.227. Section 173.227(a) allows materials poisonous by inhalation, in Division 6.1, Packing Group I, Hazard Zone B, to be transported in packagings as authorized in § 173.226. Section 173.226(c) specifies combination packaging consisting ofan inner packaging system and an outer packaging. The inner packaging system consists of an impactresistant inner receptacle packed within a leak-tight packaging. This combination packaging in turn is packed within the outer packaging. The total amount of liquid contained in the outer packaging must not exceed 16 L (4 gallons). Both the inner packaging system and the outer packaging must conform to the performance test requirements of subpart M ofpart 178. Q2. May we pack two 32-ounce containers ofUN1605, Ethylene dibromide, 6.1, PG I, Hazard Zone B, and two containers ofUN2487, Phenyl isocyanate, 6.1 (3), PG I, Hazard Zone B, in one outer container? A2. Yes, provided Ethylene dibromide and Phenyl isocyanate are not capable of reacting dangerously with each other and will not cause combustion or dangerous evolution of heat; evolution offlammable, poisonous, or asphyxiant gases; or formation of unstable or corrosive materials (see §§ 173.21(e) and 173.24(e)(4)). It is the shipper's responsibility to determine whether any of these dangerous reactions can occur. Shippers may use a variety of methods to determine whether or not a hazardous material will react dangerously with other materials in a#

Page 2packaging. including testing or similar analysis. experience, information from a Material Safety Data Sheet, or information from publications or reference material pertaining to chemicals and their interactions. Q3. If the answer to Q2. Is "yes," may we use the proper shipping description UN2929, Toxic liquid, flammable, organic, n.o.s., (Ethylene dibromide, phenyl isocyanate), 6.1 (3), PG I, Hazard Zone B? A3. The answer to your question is no. When selecting a proper shipping name, the shipper must select the name that most appropriately describes the material (see § 172.101(c)(12». I hope this information is helpful. Ifyou have further questions, please contact this office at (202) 366-8553. Sincerely, ~5~ Ben Supko Acting Chief, Standards Development Branch Standards and Rulemaking Division#

Page 3Winter ~~/i ~ 172 . 101 £Xcep+lons li-OQS'i Environmental MANAGEMENT February 25, 2011 U.S. DOT PHMSA Office of Hazardous Materials Standards Attn: PHH-I0 East Buiiding 1200 New Jersey Avenue, SE: Washington, DC 20590-0001 To Whom It May Concern: Please accept this letter as a request for a formal interpretation from your office. Environmental Management, Inc. wishes to receive clarification on the packaging of Class 6.1, Packing Group I, Poison Inhalation Hazard materials (any zone). Question 1: We have four 32-ounce containers ofUN1809, Phosphorous Trichloride, 6.1 (8), PG I, Poison Inhalation Hazard Zone B. We do not wish to take advantage of the exceptions provided in 49 CFR 173.12(b). Can these four containers be packed together in one outer container ifwe fully comply with all the requirements of the HMR for this material? Question 2: We have two 32-ounce containers of Ethylene Dibromide and two 32-ounce containers of Phenyl Isocyanate, both ofwhich are Class 6.1, Packing Group I and Poison Inhalation Hazii:rd Zone B. We do not wish to take advantage ofthe exceptions provided in 49 CFR 173.12(b). Can these four containers be packed together in one outer container if we fully comply with all the requirements ofthe HMR for this material? Question 3: Ifquestion 2 is a yes, can we use the proper shipping description: UN2929, Toxic Liquid, Flammable, Organic, N.O.S., (Ethylene Dibromide, Phenyl Isocyanate), 6.1(3), PGI, Inhalation Hazard Zone B? Thank you in advance for your time and input on these questions. Please contact me at mgonzales@emiokcom. or (405) 282-8510 ifthere is a need for clarification to adequately address these questions. Regards, ~ Misha Gonzales Shipping and Receiving for an environment we can an live with today & tomorJl'ow Post Office Box 700 f Guthrie, Oklahoma 73044-0700 '/ 405282-8510 / Web Site: WWW.EMIOK.com#